Two ANC members, Freedom Nkululeko Jojiyasi and Masande Mambulu, from the Inxuba Yethemba ANC sub-region in the Chris Hani region, had approached the high court in Makhanda to have the party's provincial list declared unlawful and set aside. The list was submitted to the Independent Electoral Commission (IEC) ahead of the November 4 local government elections. The applicants claimed the party failed to follow processes and guidelines before finalizing the candidates' lists.
The ANC's provincial list was allegedly compiled without adequately addressing list-related disputes and appeals. Jojiyasi and Mambulu argued that their rights were "severely violated" by the party's failure to resolve these issues before compiling the list. They sought to have the IEC interdicted from issuing candidate registration certificates until the list was reviewed, amended, and verified. The IEC, provincial and national ANC, and party officials were cited as respondents in the matter.
The high court in Makhanda dismissed the application on Wednesday, with Judge Sunil Rugunanan to provide reasons at a later stage. The ANC provincial spokesperson, Yanga Zicina, welcomed the judgment, describing the court challenge as "defective, fatally flawed, stillborn, legally doomed and an unfortunate application." Zicina stated that the court correctly found the applicants failed to establish a basis for judicial interference in the ANC's internal affairs.
The ANC's candidate selection process was conducted in accordance with its constitution, election guidelines, and rules, according to Zicina. The party maintained that its process was free, fair, credible, and procedurally sound. The dismissal enables the ANC to focus on preparing for the local government elections and restoring efficient service delivery to communities.
The failed court bid is not the end of the matter for Jojiyasi and Mambulu, who plan to take their fight to the Electoral Court in Bloemfontein. Their attorney, Odwa Kupiso, stated that the high court failed to deal with the merits of the matter. The two ANC members will file papers in the Electoral Court late on Wednesday.
The ANC will not be contesting municipal elections in two municipalities, Port St Johns and Ngquza Hill, due to failing to submit ward and PR councillor lists before the deadline on August 28. The party also missed the deadline for submitting PR lists in Walter Sisulu and Sundays River Valley municipalities and is appealing these decisions.
The outcome allows the ANC to proceed with its preparations for the local government elections without distraction. The party aims to achieve a decisive victory and restore efficient service delivery to communities. ANC officials have emphasized the importance of exhausting internal remedies before seeking judicial intervention in party disputes.
Key points
- The court dismissed the application due to the applicants' failure to establish a basis for judicial interference in the ANC's internal affairs.
- The ANC's provincial list was compiled in accordance with its constitution, election guidelines, and rules.
- The party will now focus on preparing for the local government elections and restoring efficient service delivery to communities.
